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Why is Copyright so Complicated?

There are exceptions to what works can be copyrighted (and when a copyrighted work can used without permission)

As we've seen, our constitutional system requires limits on copyright as a way to
assure that copyright holders do not too heavily influence the development and distribution
of our culture. Lawrence Lessig

Therefore, a primary consideration must be whether use of small unpaid excerpts, which
will slightly limit the amount of permissions income paid to authors and external
editors of copyrighted books, would discourage authorship of new academic books.Judge Orinda Evans Cambridge University Press; Oxford University Press, Inc.; Sage Publications, Inc
. v. Mark P. Becker et.al.Civil Action No. 1:08-CV-1425-ODE, United States District Court, Northern District
of Georgia, Atlanta Division

This is where it gets more complicated – there are both works exempt from copyright
and situations where copyrighted work can be used without permission. Sections 107-122
of the copyright law list these exceptions, who can use them, and under what circumstances.

Some exceptions, like Fair Use (17 USC §107), require you to weigh different criteria, including the amount and nature of the
work and the impact the use will have on the market value and with others purchasing
the work.

Other exceptions like the TEACH act (an amendment of Section 110(2)), have a checklist where all of the conditions must
apply.

Other exceptions like Sections 111-122 apply to instructors and libraries in special
cases.

What is exempt from copyright?

An idea, procedure, process, system, method of operation, concept, principle, or discovery,
regardless of the form in which it is described, explained, illustrated or embodied
(17 USC §102)

Performance and display in the classroom (17 USC § 110 (1)) This section covers face to face teaching situations. It allows the instructor to
use portions (or perhaps the entire content) of copyrighted works for the purposes
of instruction. It covers all media including movies and images.

There are helpful guides to help determine if a work can be allowed in classroom:

Copyright Metro - Baruch College's Guide to Using Copyright Media in the Classroom

This covers distance education or virtual classroom activities. The guidelines for
distance education are different than those for a face to face teaching environment.
The TEACH Act, amends Section 110(2) to include a list of factors for online classroom
use.

Fair Use can be used a third option if a use might not be permissible under either
Sections 110(1) or 110(2). It allows you to use a portion of the work, considering
a balance of four factors. This is the most complex and nuanced of all the exceptions,
and there are a variety of helpful sites to consult for a fair use analysis:

One of the best examples of Fair Use is this short video from the Center for Internet
and Society at Standford Law School:

This copyright exception allows libraries to circulate copies of works purchased.
Library collections that are licensed, like some e-books and journals, cannout use
the first sale exception, since the license may contain terms and conditions that
alter copyright permissions.

Libraries can make fair use decisions just like course instructors to use portions
of copyrighted works. Course reserves is one example of how fair use is used to provide
access to works. Just like course instructors, libraries need to weigh the four factors
when making a decision to use a work without permission.

Some of other exceptions cover situations outside academia. Examples include making
copies of works for the disabled (Section 121), requiring licenses to be obtained for playing copyrighted msucial works (Section 115) and allowing users to make software backup copies (Section 117).